Apple vs Samsung (image 002)

As most of you know probably know by now, round 2 of Apple’s US patent battle with Samsung kicked off this week in a San Jose, California court room. The last time these 2 companies met on American soil, in the fall of 2012, Apple was awarded $1 billion in damages.

This time around, the iPad-maker is asking for twice that much. And although it’s using different patents, and going after different Samsung devices, it’s ultimately trying to prove the same thing as it did before: that Samsung intentionally copied its patented inventions…

The honorable US District Court Lucy H. Koh will once again be presiding over the case, which will be decided by a jury of four women and four men, who were chosen Monday. Apple is suing Samsung over five patents, and Samsung is countersuing over two patents.

Apple Patents

-U.S. Patent No. 5,946,647 for a “System and method for performing an action on a structure in computer-generated data”
-U.S. Patent No. 6,847,959 for a “Universal interface for retrieval of information in a computer system”
-U.S. Patent No. 7,761,414 for “Asynchronous data synchronization amongst devices” 
-U.S. Patent No. 8,046,721 for “Unlocking a device by performing gestures on an unlock image”
-U.S. Patent No. 8,074,172 for a “Method, system, and graphical user interface for providing word recommendation”

Samsung Patents

-U.S. Patent No. 6,226,449 for an “Apparatus for recording and reproducing digital image and speech” 
-U.S. Patent No. 5,579,239 for a “Remote video transmission system”

Recode’s Ina Fried has some of Apple’s opening remarks from the case:

“The evidence in this case will be that Samsung copied the iPhone and it also took many other Apple inventions that had not yet appeared in Apple products,” Apple attorneyHarold McElhinny said during its opening arguments. Apple is seeking as much as $2 billion in damages, saying that various Samsung phones and tablets infringed on five of its patents.

McElhinny began his opening statement Tuesday, much as Apple did in that prior case, showing reviews and praise heaped upon the iPhone as well as snippets from Steve Jobs’ January 2007 iPhone introduction at Macworld. Apple also plans to show various internal Samsung documents, some of which it previewed on Tuesday, that it says demonstrate that Samsung knew it was violating Apple’s intellectual property.

Apple alleges that Samsung sold 37 million infringing phones and tablets in the US, and it’s looking for lost profits from those products as well as ‘reasonable royalties’ on remaining ones. The company is seeking an average of $33 per device, and as much as $40 per device.

Apple vs Samsung (Apple before and after iPhone)Slide from the first Samsung vs. Apple trial

Meanwhile, Samsung’s strategy this time around is to downplay the value of intellectual property in general. It actually went out and purchased the two patents that it’s counter-suing Apple with, and is asking for less than $7 million in damages. That’s a bold strategy Cotton.

Anyway, the next day in court will be Friday of this week, and the case will likely last a month. Expect to see executives from both companies (maybe even the ousted Scott Forstall) testify in the coming weeks, secrets revealed, and much more in this high-profile patent trial.

Stay tuned, things are about to get real interesting.

  • Vvbreaker


    • Kash Gummaraju

      too bad Samsung existed for over a decade before Apple was born

      • Maxim∑

        that means nothing

      • Domodo

        It actually renders the comic moot.

      • sjimmiep

        Your joking right

      • Domodo

        You’re. And no, not joking.
        The comic is flawed in every possible way.

      • sjimmiep

        You are.

      • diggitydang

        Existed, yes… But you can’t deny that they are a different company after ripping off the iPhone… I remember one document that floated around – iPhone has this, Samsung needs to do it… iPhone designs like this, Samsung needs to design like that??! No shame…

      • Domodo

        The document was taken completely out of context (shamelessly by blogs such as this one) because it was used as a guide on how to improve the design and UI, and NOT how to make it resemble iOS.
        For example: “iPhone’s call button looks like this, we need to make our button larger because it is too small and not as convenient.”
        Another thing that is shameless is the multitasking on iOS 7, but will you look at that, NO ONE complains. Hypocrisy.

      • sjimmiep

        Your joking right?

      • Rowan09

        While I believe the patents are offered for anything these days, it’s clear Android and Samsung copied IOS, Motorola and Microsoft. I know Microsoft gets paid for every Android sold and having card type multitasking doesn’t constitute for stealing unless the way the multitasking is brought up or acts the same. Patents need to be revised but it’s obvious Samsung copied and so did Android. Samsung is smart because they made a big name for themselves, so they have more to gain than lose now.

      • TJ

        Apple actually patented the card multitasking many years ago before it even made an appearance on the Palm platform. From what I understand a guy from Apple left to go and work for Palm and that’s how the card multitasking came about on the Palm platform. So just because Apple didn’t implement the card multitasking until iOS 7 doesn’t mean the idea and patent didn’t exist years before.

      • diggitydang

        Tell it to the judge… Oh right, they did but Apple still won the big case… And we are at it again. Let’s see how it pans out. The first slide in the opening presentation is quite telling. The bulk of each Samsung phone is a direct copy of the iPhone… I’m not talking just a feature or two that they borrowed… I’m talking about the core of what makes any modern smartphone a smartphone.

      • sjimmiep

        They were a different company after ripping off Sony.

  • Here we go again! Take cover!!!

  • Domodo

    I’m sick of this misleading crap. Why don’t you ever go and complain about “downplaying the value of intellectual property” when it comes to the notification center, control center, multitasking, photo management interface or Safari tabs on iOS 7? Apple is guilty of THE SAME crap they are accusing Samsung. Hypocrisy at its worst.

    • erod434

      Yes, but how much of that was stolen directly from Samsung? None of it. Apple is great at taking great ideas from a wide variety of sources and packing into something unique. Samsung on the other hand takes only from apple. Both are stealing, however Samsung gets far more criticism as they directly copy from a single source while apple takes the best ideas from everyone.

      • Kash Gummaraju


    • N&LH

      Android also copied IOS. But Samsung pioneers in copying others

    • sjimmiep

      The real target is Google.

      • Omg it’s a color!!!

      • sjimmiep

        la who ser

  • Snailpo

    Sorry apple, but there has to be competition… If Samsung and Windows were switched apple would probably pull the same stuff with Windows phones.. They are just going for samsung because they are a VERY close competitor.

    And no i am not defending either side. I am a proud owner of the 5s. Just my opinion.

    • Rowan09

      Everyone sues each other that’s why Google and Samsung pays Microsoft for each Android sold. Until these revise intellectual property somehow, these cases will always exist. It’s obvious though that Android and Samsung specifically due to Android ripped from Apple.

      • Kash Gummaraju

        How so? Touchwiz isn’t Android

      • Rowan09

        I’m not sure if it’s only because they get money from Android, but they are using their patents. Samsung is rumored to be paying about $10-15 per device sold.

  • sjimmiep

    Samsung copies. It’s what they do. They did it to Sony with LCD and OLED displays. They did it to Apple. Now they will pay.

    • Kash Gummaraju

      The displays were a smart and logical choice. Like internal chips, they were the rising industry at the time and Sony needed real competitors

  • blckaapl

    They should work together and start giving out SAMPLEs.

  • brownieboy

    These patents are utter bullshit. Here’s the abstract for one of them:

    “The present invention provides convenient access to items of information that are related to various descriptors input by a user, by means of a unitary interface which is capable of accessing information in a variety of locations, through a number of different techniques. Using a plurality of heuristic algorithms to operate upon information descriptors input by the user, the present invention locates and displays candidate items of information for selection and/or retrieval. Thus, the advantages of a search engine can be exploited, while listing only relevant object candidate items of information.”

    Everybody got that one, then?

    You don’t have to work in IT (and I do) to realise that this such a vague definition that it could apply to just about any application ever written on any platform that you care to name. Theoretically, half the web could be shut down if this one patent were upheld. It should never have been granted in the first place, and therein lies the real problem.